GENERAL COMMITTEE DEFERS CONSIDERATION OF

UNCLAS USUN NEW YORK 000157 SIPDIS E.O. 12958: N/A TAGS: PREL UNGA XA XG SUBJECT: GENERAL COMMITTEE DEFERS CONSIDERATION OF "UNIVERSAL JURISDICTION" ¶1. Summary. The UNGA General Committee met February 18 to consider inscription of two new items on the agenda of the 63rd General Assembly. The Committee decided to inscribe the item on financing activities related to SC resolution 1863 but deferred consideration of the Tanzanian request for a new item on "Universal Jurisdiction". End Summary. ¶2. The Secretary General submitted a request to inscribe an item entitled, "Financing of the activities arising from Security Council resolution 1863 (2009)". Resolution 1863 concerning Somalia, adopted by the Security Council on January 16, contained provisions which required Fifth (Budget) Committee action to fund. The General Committee decided to inscribe this item and allocate it to the Fifth Committee. The General Assembly is expected to adopt the General Committee's recommendation on Friday, February 20. ¶3. Action on the request by Tanzania on behalf of the African Group to inscribe an item entitled "Abuse of the principle of universal jurisdiction" was postponed pending completion of discussions between interested delegations. ¶4. The explanatory memorandum submitted with the Tanzanian request, indicated that the African Union supports the principal of universal jurisdiction within the context of fighting impunity as well as the need to punish perpetrators of genocide, crimes against humanity and war crimes but "opposes the selective and abusive application of the principle against African leaders". Several indictments issued by European judges have given rise to an African Union (AU) - European Union (EU) dialogue on this subject. They have formed a Commission, composed of six independent experts nominated (3 each) by the groups. A preliminary Report has been presented and a more definitive report is expected to be issued in April. ¶5. The EU, is concerned by the African move to bring this matter to the Assembly. The Czech Permanent Representative (EU President) and Tanzanian Permanent Representative are discussing the title and timing of the new item as well as the anticipated outcome. The EU does not plan to oppose the item but is seeking: a more neutral title, "Scope of" vs. "Abuse of" the principle of Universal Jurisdiction; allocation of the item to the Sixth (Legal) Committee rather than the Plenary; and delay in consideration of the matter until later in the session. (Note: The Sixth Committee has completed its work and would have to be reconvened.) Although the African request did not specify an outcome for the item, the Africans have a draft resolution which they have not yet shared with the Europeans. Comment. The EU's efforts move this matter in the right direction. We expect that some progress on their stated objectives will be achieved and the matter will come before the General Committee in the near future. End Comment. Rice